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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JULIA MURPHY, 14-001433PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001433PL Visitors: 15
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JULIA MURPHY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Mar. 26, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 9, 2014.

Latest Update: Sep. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 123-3291 JULIA KATHERINE MURPHY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JULIA KATHERINE MURPHY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’ s educator's certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 1123337, covering the areas of Mathematics and World Language - Spanish, which is valid through June 30, 2014. 2. Atall times pertinent hereto, the Respondent was employed.as a Teacher at Sarasota Christian School in the Sarasota County School District. MATERIAL ALLEGATIONS 3. On or about April 25, 2010, in Manatee County, Florida, Respondent attempted to remove merchandise from adepartment store without paying forthe merchandise. Respondent was arrested and charged with Retail Theft. 4, On or about June 3, 2010, Respondent entered into a Non-Arrest Deferred Prosecution Agreement. Onerabout August 31, 2010, Respondent successfully completed the Pre- Trial Intervention Program. On or about September 3, 2010, a Notice of Case Action was filed declining to prosecute the charge of Petit Theft. JULIA KATHERINE MURPHY Administrative Complaint Page 2 of 3 5. On or about August 13,2012, in Manatee County, Florida, Respondent attempted to remove approximatély $13.00 worth of merchandise from a departnient store without paying for the merchandise. Respondent was arrested and charged with Petit Theft. 6. On or about September 13, 2012, Respondent pled guilty to Petit Theft and adjudication was withheld. 7. On.or about May 5, 2013, Respondent submitted an application for renewal of her Professional Florida Educator’ s Certificate. The application included the question: “Have you ever been convicted, found guilty or had adjudication withheld, entered a pretrial diversion program or deferred prosecution program related toa criminal offense...?” In her sworn application, Respondent acknowledged the criminal history alleged in paragraphs 5 and 6 of this Administrative Complaint, but failed to acknowledge the criminal history alleged in Paragraphs 3 and 4 of this Administrative Complaint. 8. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for revocation or other sanctions. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent. has been, guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 3: The Respondent is in violation of Section 1012.795(1)(4), Florida Statutes, in that Respondent bas been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a. misdemeanor, felony, or any other criminal charge, other than a minor traffic violation, COUNT 4: The Respondent is in violation of Section 1012.795(1)@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 5: The allegations. of misconduct set forth herein are in violation of Rule 6A- 10.081(5\a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. JULIA KATHERINE MURPHY Administrative Complaint Page 3 of 3 COUNT 6: The Respondent is in violation of Rule 6A-10.081(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commiission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; stispending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate fora period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this “TS dayor Novernbar 2013, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-001433PL
Source:  Florida - Division of Administrative Hearings

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